Marsh v. Burley

This is an action of replevin brought by the plaintiff against the defendant to recover the possession of certain property which it is claimed belongs to the Omaha Horse Railway. The plaintiff, who is the owner of the railway, bases his right to recover upon two distinct grounds:

jFirst. By virtue of a chattel mortgage executed by himself as an officer of the railway company, to himself as a creditor.

Second. As purchaser under a decree of foreclosure of a mortgage made by the railway company to Joseph H. Millard as trustee.

The defendant claims the right to the possession of the property in…